The key rights afforded to employees on maternity leave under the Maternity and Parental Leave ("MPL") Regulations 1999 include protection from dismissal, detriment or discrimination during both pregnancy and maternity leave. Employees who take time away from work to have children have the right to return to the same job following maternity leave a...
Winter brings not only the chance of snow, but additional issues that a workplace may need to address. Adverse weather can result in both travel troubles and an increase in employee sickness which can all result in staff shortages and business disruption.Employers should revisit any current policies and procedures in place and remind staff of the a...
With wintery conditions sweeping the nation, it is all too easy to overlook the significant commercial impact of a cold snap. Corporate Solicitor Ed Garston explains.
Heavily reduced rail services and treacherous driving conditions all serve to slow down or even temporarily restrict the deliveries which form the backbone of our nation’s industries. Have you ever considered what happens if the regular and predictable deliveries that your business depends on are interrupted? A retail outlet with empty shelves cannot serve its customers. Likewise, many other industries must have prompt deliveries of essential parts and components in order to perform.
For those commercial contracts which explicitly state that “time is the essence”, some redress may be available if a delivery is delayed. Depending on the actual contractual terms, such a provision could entitle the party expecting a delivery to claim damages, or in extreme cases terminate the agreement altogether. But neither of these are likely to offer much comfort. Damages may not fully compensate for the loss, and termination simply means you would be left searching for a new supplier who, in all likelihood, would face similar issues.
In the absence of such a clause, some relief may be offered by a “force majeure” provision. This deals with a situation where a party suffers circumstances beyond its control and as a result, it is prevented from performing its obligations. This would usually serve to suspend the contractual requirements of one or both of the parties without a breach having occurred.
Reference to adverse weather conditions are often, but not always, included as part of force majeure. If it is then an acknowledgement should be made to the location where the contract is to be performed - adverse weather in one part of the world may be less adverse in another. Also, the effect of the weather on the parties needs to be clear. It is rare enough that the weather itself is a force majeure event, rather, that the weather makes performance dangerous or impossible to perform.